1st ICAI 2020

International Conference on Automotive Industry 2020

Mladá Boleslav, Czech Republic

lawful for the owner to claim from the manufacturer or the company responsible for maintenance the compensation of what he paid to third parties as compensation , all based on the principle of sealing enrichment without cause, in art. 934 of the Brazilian Civil Code and the analogical incidence of art. 13, sole paragraph, of the Brazilian Consumer Protection Code. In fact, in these cases, because the accident resulted from a defect in the consumption relationship, the victim of the accident may be equated with a consumer and, in this condition, one may prefer to seek direct liability from the manufacturer (in cases of defect) factory or the company responsible for vehicle maintenance (in the event of defects in vehicle maintenance). The current legislation, however, will need some repairs to the hypothetical situation of multiplication of autonomously driven vehicles. It is that the risk of damage to third parties can never be excluded with the eventual popularization of level 4 automation vehicles. Any electronic system, however sophisticated, may incur errors. It follows that claims like the aforementioned are not mere fantasies. In this context, it is reasonable for the current legislation to be modified to establish the obligation for the owner of the level 4 automation vehicle to take out civil liability insurance for damages caused to third parties, without prejudice to the currently existing DPVAT insurance (Brazilian Accident Insurance). This new insurance would be intended to compensate the material and moral damages suffered by the victim of an accident involving these cars of the future. This reduces the risk of default by the owner who is eventually asked to compensate the losses incurred by the victim (Pissardini, 2018). 5.2 Criminal Responsibility And criminal law? Are you ready for the new traffic scenario without human drivers? In part, the answer is positive. In effect, the criminal responsibility of the vehicle owner would only occur in very exceptional cases, when intent was found or, if there is a specific criminal type, guilt. Thus, for example, if a person dies after being hit by an autonomous vehicle, the owner of the vehicle could be held responsible for the crime of manslaughter, if it is proven that he did not perform the necessary periodic maintenance on the vehicle or did not repair any defect. evident that the vehicle had. However, it is important that the penal legislation undergoes eventual repairs to tighten the rigor against those who use autonomous cars for criminal undertakings, such as a possible terrorist attack by bombs driven by the autonomous vehicle. Likewise, criminal law may be used to, by creating new types of penalties, repress companies that produce autonomous vehicles without meeting the minimum safety and quality parameters. 5.3 Administrative Responsibility Administrative legislation will demand several adaptations for the new land traffic scenario. On the one hand, the traffic violations provided for in the Brazilian Traffic Code would not be applicable against the vehicle owner, as the disregard for traffic rules would be perpetrated by the “virtual driver”. It would be necessary to create new types

229